The Religious Freedom Restoration Act

In 1993, a broad and diverse coalition of religious liberty advocates welcomed passage of the Religious Freedom Restoration Act (RFRA), a law that resulted from several years of hard work and reflected a shared commitment to protecting the free exercise of religion in America. RFRA created a statutory right that would apply broadly to ensure that government did not substantially burden the exercise of religion without a compelling reason for doing so.

The story of RFRA began in 1990, when the U.S. Supreme Court shocked many religious and civil liberty advocates by announcing in Employment Division v. Smith that the First Amendment is not violated when neutral, generally applicable laws conflict with religious practices. The new standard generated widespread concern that it threatened minority and mainstream religious groups alike, leaving them vulnerable to potentially onerous government burdens on religion. View a timeline of RFRA

In response, an extraordinary coalition of organizations — chaired by the Baptist Joint Committee — coalesced to push for federal legislation that would “restore” the pre-Smith compelling interest standard. Their bill became law when President Bill Clinton signed RFRA on November 16, 1993. Because the Supreme Court later held that RFRA was unconstitutional as applied to the states, many states have enacted similar legislation to constrain state government actions.

Coalition members recognized at the time that RFRA provided a high standard for all free exercise claims without regard to any particular religious practice or desired outcome, and that it would produce different results according to the facts of individual disputes. Still, common ground lay in the belief that all Americans have a right to exercise their religion.

For more on RFRA:

Visit our page dedicated to a symposium marking the 20th anniversary of RFRA, including panel discussions on its beginnings, application to the contraceptive mandate, and future challenges to the exercise of religion in a diverse society.

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About the BJC

The Baptist Joint Committee's mission is to defend and extend God-given religious liberty for all, furthering the Baptist heritage that champions the principle that religion must be freely exercised, neither advanced nor inhibited by government.

Did You Know?

Founded in 1936, the Baptist Joint Committee is the only faith-based agency devoted solely to religious liberty and the separation of church and state. The BJC protects the free exercise of religion and defends against its establishment by government.

Working With Others

A proven bridge-builder, the BJC works with a wide range of religious and nonreligious groups in education and advocacy efforts. Since colonial times, Baptists have worked in alliance with other believers and nonbelievers alike when we find common cause.